Dear Department for Work and Pensions,
The Information Commissioner (ICO) has contacted the DWP confirming that it needs to change the 'Declaration' sections of the ESA1 claim form and the ESA50 and UC50 Work Capability forms as they do not comply with the Data Protection Act 2018/GDPR.
This is in relation to claimant opt-in consent for the DWP to send claimant personal data to GPs by use of the DWP ESA65B letter.
ICO letter: "DWP has not complied with its data protection obligations, because its ESA1, ESA50 and UC50 forms do not provide a way for claimants opt in to the statement “I agree to my doctor or any doctor treating me, being informed about the Secretary of State’s determination on limited capability for work, limited capability for work-related activity, or both..."
https://pbs.twimg.com/media/D_CruU8WsAAU... of 9/7/19
Therefore, when does the DWP intend to review and amend the ESA1, ESA50 and UC50 forms 'Declaration' sections so they comply with the Data Protection Act 2018/GDPR.
To ensure GDPR compliance and prior to and subsequent to the Data Protection Act 2018/GDPR coming into force, please provide information on what actions the DWP has taken to review how it obtains and shares claimant personal data, for benefit claims, when the only basis to obtain and share the data is through opt-in claimant consent?
This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct.
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
Email FOI responses will be issued from [email address]
We recommend that you add this address to your email contacts otherwise
the response may be treated as Spam or Junk mail.
Should you have any further queries in connection with this request do
please contact us.
Dear Frank Zola,
I am writing in response to your request for information, received 10th
DWP Central FoI Team
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.Donate Now